Global Labor Program at Sightsavers

Background

One of the program’s four focus areas is on the improvement of the legal, enforcement and institutional frameworks governing access to, and participation in, work by people with disabilities. The partners intend to employ a participatory and collaborative approach to engagement on these issues. Our focus is on building consensus between rights holders, duty bearers, and government through sharing evidence and co-creation of legislative and policy solutions. As a first step, we intend to develop a robust and comprehensive evidence base on the current legal framework and its enforcement and implementation.

To support this activity, Sightsavers and its consortium partners are seeking a Consultant Legal Researcher to undertake a comprehensive analysis of Kenya’s legal framework on equality and non-discrimination. This will build an evidence base on the gaps, problems, inconsistencies, and obstacles which prevent people with disabilities from enjoying their right to work.

Services:

• Conduct a review and analysis of national policy and legislative frameworks governing the rights to non-discrimination and equality and the rights to work of people with disabilities and women;
• Review existing studies produced by the Equal Rights Trust and its partners on the legal framework on equality and non-discrimination in Kenya, with a view to identifying areas to be updated, expanded or amended;
• Conduct a review of jurisprudence on the rights to non-discrimination and equality and the rights to work of people with disabilities and women.
• Undertake desk-based research and a review of information produced by both government and non-government organisations on the interpretation, enforcement and implementation of the laws governing these rights;
• Undertake relevant validation exercises to compliment the desk review exercises.
• Prepare a 25–30-page study, in line with guidance produced by the Equal Rights Trust, describing and analysing the legal framework and its enforcement and implementation, identifying gaps, weaknesses, inconsistencies and areas for reform;
• Work closely with the Equal Rights Trust to edit the study to address feedback from the program partners and external experts identified to validate it.

Specification

• A degree in law
• Demonstrable expertise on the Constitution of Kenya, Kenya’s other human rights laws and their interpretation and application by the courts
• Knowledge of international human rights and labour rights conventions, including in particular the Convention on the Rights of Persons with Disabilities
• Demonstrable experience of legal research on human rights, preferably focused on the rights to equality and non-discrimination,
• Extensive knowledge of, and connections with, civil society organisations, trade unions and others working on human and/or labour rights in Kenya., and ability to build relationships, and influence, a diverse range of internal and external stakeholders,
• Experience of working on human rights and / or labour rights issues
• Experience in research under participatory and collaborative approach preferred
• Excellent analytical and report writing skills in English
• Consultants with a proven track records in the above will be procured to undertake the project through an expression of interest process.